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ASSIGNMENT OF RENTS
<br />(continued) 2 O 110 3 4 5 9 Page 2
<br />the Property. Any termination fee required by law shall be paid by Grantor, if permitted by applicable law.
<br />LEIVDER'S EXPENDITURES. If any action or proceeding is commenced that would meterially effect Lender's interest in the Property or if
<br />Grantor fails to comply with eny provision of this Assignment or any Related Documents, including but not limited to Grantor's failure to
<br />discharge or pay when due any amounts Grantor is required to discherge or pay under this Assignment or any Related Documents, Lender
<br />on Grantor's behalf may ibut shall not be obligated to) take any action that Lender deems appropriate, including but not limited to
<br />discharging or paying all taxes, Iiens, security interests, encumbrances and other claims, et any time levied or placed on the Rents or the
<br />Property and paying all costs for insuring, mainteining and preserving the Property. All such expenditures incurred or paid by Lender for
<br />such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the dete of repayment
<br />by Grantor. All such expenses will become a part of the Indebtedness end, at Lender's option, will (A) be payable on demand; (B) be
<br />added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either
<br />(1) the term of eny applicabie insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloan payment which will
<br />be due and payable at the Note's maturity. The Assignment also will secure payment of these amounts. Such right shall be in addition to
<br />ell other rights and remedies to which Lender may be entitled upon Default.
<br />DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Assignment:
<br />Payment Default. Grantor fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this
<br />Assignment or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained
<br />in any other agreement between Lender and Grantor.
<br />Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment for taxes or
<br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />Default in Favor of Third Parties. Grantor defaults under any loan, extension of credit, security agreement, purchase or sales
<br />agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or
<br />ability to perform Grantor's obligations under this Assignment or any of the Related Documents.
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under
<br />this Assignment or the Related Documents is false or misleading in any meterial respect, either now or at the time made or furnished
<br />or becomes false or misleading at any time thereafter.
<br />Defective Collaterelization. This Assignment or any of the Related Documents ceases to be in full force and effect (including failure of
<br />any collateral document to create a valid and perfected security interest or lien) at eny time and for any reason.
<br />Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of e receiver for eny part of Grantor's
<br />property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under
<br />any bankruptcy or insolvency laws by or against Grantor.
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />repossession or any other method, by any creditor of Grantor or by any governmental agency against the Rents or any property
<br />securing the Indebtedness. This includes e garnishment of any of Grantor's accounts, including deposit accounts, with Lender.
<br />However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the
<br />claim which is the basis of the creditor or farfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture
<br />proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by
<br />Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
<br />Property Damage or Loss. The Property is lost, stolen, substantially damaged, sold, or borrowed egainst.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation
<br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Adverse Change. A material adverse change occurs in Grentor's financial condition, or Lender believes the prospect of payment or
<br />performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default end at any time thereafter, Lender may exercise any
<br />one or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
<br />Accelerate Indebtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately due and payable,
<br />including any prepayment penalty that Grantor would be required to pay.
<br />Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents,
<br />including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In
<br />furtherance of this right, Lender shall have all the rights provided for in the Lender's Right to Receive and Collect Rents Section,
<br />above. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse
<br />instruments received in payment thereof in the name of Grantor and to negotiate the sama and collect the proceeds. Payments by
<br />tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made,
<br />whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagreph either in person,
<br />by agent, or through a receiver.
<br />Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by law.
<br />Election of Remedies. Election by Lender to pursue eny remedy shall not exclude pursuit of any other remedy, and an election to make
<br />expenditures or to take action to perform an obligation of Grantor under this Assignment, after Grantor's failure to perform, shall not
<br />affect Lender's right to declare a default and exercise its remedies.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable es attorneys' fees at trial and upon any eppeal. Whether or not eny
<br />court action is involved, end to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the dete of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any Iimits under applicabie Iaw, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lewsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vecate any automatic stay or injunction}, eppeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclasure reports), surveyors' reports, and appraisal fees, title insurence, and fees for the
<br />Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by
<br />law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:
<br />Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and egreement of the
<br />parties as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Caption Headings. Caption headings in this Assignment ere for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Assignment.
<br />Governing Law. This Assignment will be governed by federel law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regerd to ks conflicts of law provisions. This Assignment has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Hell County,
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